§ 51.003 NUISANCES
   (A)   No person shall own, keep, or harbor any animal, including, but not limited to dogs and cats, which shall do any one (1) or more of the following objectionable actions, each of which is hereby declared to be a public nuisance within this county:
      (1)   Habitual barking, howling, yelping, whining, or meowing loud enough to be heard beyond the premises of where it is kept or harbored or while trespassing upon any property or premises not owned or occupied by the owner or keeper of the animal;
      (2)   Habitual trespassing upon any property or premises not owned or occupied by the owner or keeper of the animal;
      (3)   Habitual turning over, getting into, or otherwise damaging or disturbing any items of personal or public property located on any premises other than those owned or occupied by the owner or keeper of the animal;
      (4)   Habitual defecating upon any property or premise not owned or occupied by the owner or keeper of the animal;
      (5)   Habitual running after, jumping upon, chasing, barking at, or in any other way frightening, molesting, or injuring any person other than the owner of the animal and the members of the owner’s immediate family; and
      (6)   Habitual chasing of motor vehicles, bicycles, scooters, mopeds, or motorcycles other than those owned or operated by the owner of the animal and the members of the owner’s immediate family.
   (B)   The dog warden, animal control officer, or any peace officer, upon receiving a nuisance complaint, shall investigate the complaint. Upon investigation, the dog warden, animal control officer, or peace officer may issue written notice of the complaint to the owner or keeper of the animal, or upon adequate probable cause, issue a citation to the owner or secure a criminal complaint for violation of nuisance provisions of this code, or seize the animal pursuant to the provisions of (Wild animal section), or both charge and seize the animal. Any citation may, upon securing the name and address of the owner or keeper of the animal creating a nuisance, contact the above referenced authorities. The dog warden, animal control officer, or peace officer may then be directed to file a complaint with the county attorney’s office.
(1976 Code, § 4-4; Am. Ord. 97-24, passed 9-16-97)
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Cross reference:
   Enforcement, citations; criminal complaint, see § 51.300
   Nuisances, see Ch. 50
   Penalty for violation, see § 51.999